FAQs
If you’ve been injured, let us help fight for your compensation.
FAQs
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My motor vehicle collided with a truck that was operated by a delivery person. May I file a lawsuit against the employer, the driver or both?
You may be able to file a lawsuit against the employer under the doctrine of respondeat superior, which is based on vicarious liability, or the liability of one party for the acts of another. Under that doctrine, the employer is liable for the negligent acts of its employees if the employee was acting within the…
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What is meant by the term “loss of consortium?”
When an individual has suffered an injury due to the wrongdoing of another person, the injured party’s spouse may have grounds for what is known as a loss of consortium. A loss of consortium essentially refers to the spouse being deprived of sexual relations, but it can also refer to the loss of other marital…
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What is the difference between a grand jury and a petit jury?
A grand jury is a body of people, usually numbering 16 to 23, who are selected to sit permanently, for at least one month and sometimes one year, to hear a criminal case and decide if it should proceed to trial. A grand jury decides whether there is strong enough evidence to hand down an…
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If a person suffers a slip-and-fall injury on government property will the government be found liable?
Yes, but only if the government entity managing the property has been found to have been negligent and that said negligence precipitated the slip-and-fall accident. There are also key limitations involved with suing the federal government and most states and municipalities for a slip-and-fall incident on government property. These include strict notice and time deadlines…
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What should a person who has been injured on the job do if his or her employer refuses to report the accident to the company’s workers’ compensation insurance carrier?
One option is to contact the insurance carrier directly. Another option is to file a claim with the appropriate state agency. In New Jersey, that agency would be the Department of Labor and Workforce Development. In any scenario in which an employer is acting uncooperatively concerning a workers’ compensation claim, it behooves the concerned party…
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Do commercial vehicle drivers have to meet higher standards before they are licensed to drive?
Yes. While licensing standards vary from state to state, in every jurisdiction potential commercial vehicle drivers must pass testing that demonstrate their knowledge, experience, skills and physical abilities, all of which are held to a higher standard than what is required for a non-commercial license, according to the Federal Motor Carrier Safety Administration. In addition…
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Are personal injury settlements taxable?
Generally speaking, the proceeds from most personal injury claims are not taxable under federal or state law. However, there are limited exceptions to the nontaxable rule, including the following: damages resulting from a breach of contract in which the breach of contract is the basis of the lawsuit; punitive damages; and damages resulting from emotional…
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How much time do I have to file a workers’ compensation claim petition?
In New Jersey, it is important to report all work-related injuries and illnesses to an employer as soon as possible. But the statute of limitations that applies to workers’ compensation cases is different in each state. In New Jersey, a formal claim petition must be filed within two years of the date of injury or…
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What is the statute of limitations, and how does it affect my personal injury case?
A statute of limitations is essentially a deadline, a law that restricts the maximum time after an event that legal proceedings can be initiated. The statute of limitations varies from state to state, including those pertaining to personal injury cases. In both New Jersey, the statute of limitations dictates that you must file a personal…
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What is the difference between a trial jury and a grand jury?
A trial jury, also known as a petit jury, is composed of six to 12 members and decides whether a defendant injured a plaintiff in a civil case or committed a crime as charged in a criminal case. Defendants have the right to appear, testify and call witnesses on their behalf before a trial jury,…